At the time of dissolution of the partnership firm, which personal properties are not considered as part of a partner's private property? |
Properties owned jointly with the partner's spouse Properties owned by the partner's children Properties owned jointly with parents Properties owned before entering the partnership |
Properties owned by the partner's children |
The correct answer is option 2- Properties owned by the partner's children. According to Section 49 of the Act, the property of the firm be utilized for paying the Firm debts first, followed by the private debts of the partner, when both firm debts and private debts of a partner exist.
Where both the debts of the firm and private debts of a partner co-exist, the following rules, as stated in Section 49 of the Act, shall apply. (a) The property of the firm shall be applied first in the payment of debts of the firm and then the surplus, if any, shall be divided among the partners as per their claims, which can be utilised for payment of their private liabilities. (b) The private property of any partner shall be applied first in payment of his private debts and the surplus, if any, may be utilised for payment of the firm’s debts, in case the firm’s liabilities exceed the firm’s assets. It may be noted that the private property of the partner does not include the personal properties of his wife and children. Thus, if the assets of the firm are not adequate enough to pay off firm’s liabilities, the partners have to contribute out of their net private assets (private assets minus private liabilities) |